Section 107

Fair Use Guidelines

"Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -

The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

The nature of the copyrighted work;

The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

The effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors."


	What does the law actually say?	As we discussed before, the Fair Use Guidelines for Educational Multimedia do not have the power of law; only a court can decide if copyright infringement has occurred. However, by following the Fair Use Guidelines, you will clearly demonstrate a good-faith effort to abide by the copyright laws of the United States. Section 107, below, is the section of the Copyright Act which outlines the concept of Fair Use:
	Sec. 107. Limitations on exclusive rights: Fair use	"Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include - The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; The nature of the copyrighted work; The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and The effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors."
Copyright © 2002, Bloomsburg University Virtual Training Help Center. All rights reserved. This material may not be used without written permission. Contact Dr. Mary Nicholson at mjnich@bloomu.edu Updated, April 2002